legal way to fence through an easement? - Posted by Elaine Hunt

import · September 21, 2005, 6:39am

Posted by John Merchant on September 21, 2005 at 10:44:32:

I’d urge you to talk to a title co. and see what kind of easement the electric utility might have…as it might not be OK for your fence to be on THEIR easement.

import · September 21, 2005, 6:39am

Posted by Elaine Hunt on September 21, 2005 at 06:39:23:

I’m in California.
I want to put a fence on my property line, which is down the middle of an easement. (12.5 ft on each side.) Normally I understand this would be an insane suggestion, but I’m hoping one or more of the following factors give me wiggle room:

There is a telephone pole near the property line, so this pole is dead in the middle of the easement. My fence would follow the telephone pole.
Since each side of the easement is 12.5 feet, the residents on each side of the easement have ample access, and the fence would not impede the owner on the other side of the easement. In other words, there’s no “need” for me to use the 12.5 of easement on the neighbor’s side, and there’s no need for her to use mine.
Maybe the fence could be labeled “temporary” if it’s flimsy enough, so I could take it down if anyone had a reasonable reason?

So do I have a leg to stand on? And can my nasty neighbor (who owns the other side of the easement) force me to remove the fence without giving a reasonable reason?

The language of the “road easement” in the deed is the typical, “property owners, their guests, utilities,” etc.

Thanks in advance for any sage words of wisdom, and even more thanks for tricky ideas that could work!!!

import · October 10, 2005, 4:42pm

Re: legal way to fence through an easement? - Posted by domineaux_Houston_TX

Posted by domineaux_Houston_TX on October 10, 2005 at 16:42:20:

In Texas-

Property owners usually will encroach on easements in just about every imaginable way. Usually no one seems to care.

A friend of mine planted some trees right down the length of a power line easement, which are appx 50 ft high now. The power company recently came through and just butchered the trees, making adequate room for the power lines. They didn’t say a word about the trees.

Also, it is common practice for people to enclose easements with fences often exceeding their property lines.

Usually the worst case would be you could be required to remove your obstruction of the easement.